Ficker sues SHA over closure of his son's farm stand

State says stand can't operate in right-of-way

Political activist and lawyer Robin Ficker filed a $4 million dollar lawsuit against the State Highway Administration after it ordered his son to move his fruit and vegetable stand from the state right-of-way on River Road and Carderock Springs Drive.

The lawsuit, which was filed in Montgomery County Circuit Court Friday, seeks $1 million in lost profits and damage to his son's reputation and $3 million in punitive damages. Ficker argued that the administration violated his son's right to due process by forcing the stand, Truffula Farm Market, to move without a hearing. The lawsuit also seeks an injunction to bar SHA from moving the stand.

SHA spokesman Chuck Gischlar said he could not comment on the lawsuit.

A chorus of opposition to the closures mounted after SHA ordered Robin Ficker Jr. and Jonathan Sadd, who operates the Country Thyme Farm Market along River Road in the Kenwood neighborhood, to move in July. The stands, SHA said, were traffic hazards and not permitted in the state right-of-way.

Both stands had county permits — Sadd for 10 years and Ficker for three — though the county's Department of Permitting Services has said they weren't aware of the state's position and offered to help the stands move. Patrons argued that the stands provided fresh produce and were being unfairly targeted.

A lawyer for Country Thyme Farm Market filed a request for temporary restraining order against the state in late July to bar the state from moving that farm stand pending a hearing. The lawyer, Eric Singer, argued that the stand operator should have a right to hearing before being forced to move.

That matter will go before a judge in November, and the state has said they have "no present intention of taking any enforcement action" against Sadd.

Sadd continues to operate on River Road. Ficker Sr. says it's unfair to allow Sadd's stand to operate, while forcing his son's stand to move.

SHA used "brute force" against his son by placing "no trespassing" signs in the area and marking the space for a guardrail, he said. He also takes issue with SHA's position that the stand is a traffic hazard.

Ficker has said he hopes to come to an agreement with SHA that would allow his son to continue operating at the site for the rest of the season.